You need to show that you meet all of the relevant immigration requirements or can show you meet the spirit of the rules, when applying for Indefinite Leave to Remain which is a category of settlement. Previous immigration history is one of the main considerations, together with demonstrating an intention to make the UK your main home.
If you have been refused Indefinite leave to remain, your appeal could be decided on whether it meets the Immigration Rules in a number of different ways. This could include factors such as your immigration status at the time of application and how long you have lived in the UK.
10 years long residence
This is decided on the basis of ten years lawful and continuous residence in the UK.
14 years long residence
This may include periods of overstaying or previous breaches in immigration status.
5 years living and working in the UK
This may include time spent on a work permit, HSMP, Tier 1 visa or a combination of the above.
2 years as a spouse of a British citizen
This is relevant to those living in the UK at the time of application and includes civil partners and unmarried partners
4 years as a spouse of a British citizen
This applies to those living together overseas for at least 4 years and includes civil partners and unmarried partners.
How will my appeal be decided?
If your appeal is not fully supported with relevant evidence, or if you cannot show that you fully meet the rules, your chances of winning the appeal will be more problematic unless we can show that discretion needs to be shown. We will work with you to make sure that you are fully aware of what evidence should be provided and how it should be presented and how you can benefit from the best points, policies and directions about your case.
Can you tell me my chances of success?
Each case is unique and we can use up to date case law to also help your case. We know how important your strong connections with the UK are to your friends and family and will do our best to show determination that you remain in the UK. We rely on careful preparation and delivery of the appeal whatever your current status. If you have had a number of problems please contact us even if refused several times.
Please complete our contact form which will allow us to assess your case fully. Alternatively, contact a member of our team on 0844 800 8037.
